Can the Dream Act be enacted without Comprehensive Immigration Reform?

During the 2008 presidential election, Barak Obama made what is now, a broken promise to immigrant supporters that he would enact comprehensive immigration reform during his first year in office. But that was yesterday and today things have changed. Following the republican victory in the house, Obama, in a recent press conference failed to include any comment regarding his plans for immigration reform.

There still is a short window of opportunity to pass some type of immigration reform during the lame-duck congress. The democrats are still in charge during this transient period. Both Senator Harry Reid (D-Nev) and Sen. Dick Durbin (D-Ill.), hope to pass the Dream Act before the new congress takes over in January.

After January, when many anti-immigrant republicans take their position in the House and Senate, immigration reform efforts that include a path to citizenship for the estimated 11 million illegal immigrants living in the United States appears next to impossible.

In recent months there has been a strong lobby, composed of immigration reform advocates and students, for enactment of the Dream Act. Senator Reid inserted the act into the defense authorization bill along with a controversial repeal of “Don’t Ask, Don’t Tell," but Republican filibuster killed off chances of passing the DREAM Act before the November election.

Sen. Dick Durbin (D-Ill.), the bill’s primary sponsor, re-introduced the act the day following the defense authorization bill filibuster. He said he hoped it could pass during a lame-duck session. “Some members of the Senate who are not going to return may vote in our favor,” he said. “I hope that’s the case.” At a Dream Act event he told supporters that “We’re not giving up,” … “This is not the end of the fight, it’s just the beginning.”

If all else fails, it's up to Obama to keep his promise of immigration reform and he has a way to do this; Executive Order. An Executive Order can provide immediate relief to certain Draconian provisions of the current immigration laws even while waiting for a comprehensive immigration reform. "[They] have been used to manipulate federal agencies in directions contrary to congressional intent"

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Generally EO’s are used to direct federal agencies and officials in their execution of Congressional established laws or policies. However, there have been many instances that EO’s have been used to manipulate federal agencies in directions contrary to congressional intent.

For example on July 3, 2002, President George W. Bush signed Executive Order (EO) 13,269. The EO expedited the naturalization of soldiers in active duty by making them immediately eligible to apply for naturalization. For those soldiers were recently married it also extended their spouses conditional status (Green Card) for one year, and in six-month increments thereafter, until their spouses return from abroad.

Executive Orders are very powerful. They do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II goes further and directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.

If Congress is unable or unwilling to pass Comprehensive Immigration Reform this year, the President could issue sections of its content (such as the Dream Act) as a series of Executive Orders. In this way he would provideimmediate relief from the sections of the immigration laws that are creating the most problems. The Senate conservatives would find difficulty in blocking these orders as 2/3 majority would have to vote against it; which is unlikely. The Executive Orders could be challenged in court, but that would take a very long time, and in the meantime, enough relief would be given to the millions illegal immigrants in this country until a Comprehensive Immigration bill is finally made into law.

Dale obviously has no idea what he's talking about and has never seen things through someone elses perspective, except his own. He's an idiot! People like him are ignorant and don't even deserve to comment on the issue. Enacting the DREAM Act is the smartest thing Obama could do! There are MANY illegal students who have worked hard to maintain straight A's in school, for hopes that SOMEDAY it will be worth it so they could become someone. The only reason their parents bring them here is to MAKE A BETTER LIFE FOR THEM.

Have you researched any information about their countries school system, government, or social issues??...Probably not! They're running from them! I know for a fact that Mexican immigrants come here for a better life and so their children can see what it's like to grow up some place where they can have opportunities. Look up crimes the Mexican Mafia has committed in Mexico, or the many police and innocent people they have killed for being in the wrong place at the wrong time. IT'S A BIG DEAL!!!!! Why can a cuban get citizen ship when they set foot on American soil? Because if they go back they'll be killed by their own government! Is that amnesty or just doing the right thing?

The DREAM Act is a very big dream for many people, even me and i'm a U.S. citizen. America is supposed to be the land of the free, where peoples hopes and dreams come true. Everyone, illegal or legall, deserves this opportunity!

C.Z. (Saturday 20th of November 2010 03:50:38 AM)

I must thank (A true American) for the education, and his/her interest in my bowel movements. I'm good. Actually, YOU seem to be full of anger. Perhaps you think that whomever yells the loudest or beats their chest the hardest defines what is reasonable and correct for all of society. Indeed, it is an honor to be "schooled" by an individual that finds the logic and implementation of the Dream Act to be "simple". I bow in your shadow. To paraphrase H.L. Mencken, "There is always an easy solution to every human problem, that is neat, plausible, and wrong".

Stop relying on Fox or MSNBC for your education. There job is to sell you toothpaste, not enlighten you.

I understand the plight of the children who were brought here against their own volition. I agree that young children should not be punished for the sins of their fathers. However, you have still not explained the logic behind the Dream Act. Have you read the Act? Exactly how do plan on verifying the data requirements established by the Dream Act, especially if you carry the legal application age to 35 years old? You are dealing with a culture that has been forced to keep a low keyed public profile. You love the IDEA of the Dream Act, unfortunately, the Devil is in the details.

I find it totally racist to place requirements on these children that are not placed upon all other US citizens. If you are all for protecting these children, then why do you require a portion of them to risk their lives in the military? What if they can't afford college? Why is the cut-off age 16? Why should they have to jump through hoops that our children will not be forced to jump through? What you are really suggesting is that these innocent (and they are) children should have to perform extra-credit activities to earn their citizenship from the "Real Americans". Why not require them to watch baseball or just tweet?

The requirements are placed in the bill to gain popularity/votes with certain segments of the society. You know, that way the politicians can have it both ways. They can appear to be sympathetic to the children's plight while they treat them like second class citizens (accommodating both sides of the isle). You stated that the children have not intentionally broken the law. Why do YOU insist on punishing them.

The Dream Act is a cowardly shield that half-hearted politicians hide behind while allowing american companies to profit from slave labor. The Dream Act is a distraction. The xenophobes are winning. The real issue is What do we do about illegal immigration? I prefer to live in a society that is based on laws, whatever they may be. If you don't like a law, force a change in it. It may be unpopular and dirty, but address the real issue head on, in the light of day. Pull them off of the fence.

How about this, if you are an illegal alien that was brought here before the age of 13, and have lived here for at least 5 years, you can legally become a US. citizen on your 18th birthday, no strings attached? However, if you don't apply for citizenship within 1 year of your 18th birthday, you can never become a US. citizen? There are a thousand ways to do this. I'm sure that many solutions are better than my simple suggestion.

I am confused by your statement "These children, most entered before the age of 7". Really? How do you know that? I'll admit that I don't know the average or median age of children entering this country illegally. Where did you get that "statistic"? clllllllLL3

zzzlLethildren, most entered before the age of 7 These children, most entered before the age of 7

"C.Z. says: "Can someone please explain to me, the pseudo-logic of the DREAM act"It's obvious that you (CZ) are in need of education. How can you take a simple concept such as the Dream Act and confuse it with visa's in Australia. The Dream Act is simple to understand. Thousands of children were brought to this country with their parents. They either entered illegally though a border or entered legally with a visa and overstayed. These children, most entered before the age of 7 had absolutely no control in their destiny. In act, to some of them, it is a big surprise when they are told that they are illegal and cannot go to college, get a job or even drive a car. For these innocents, the Dream Act was created. To qualify, a child must have entered the U.S. before the age of 16 and must graduate high school and must agree to go into the military for two years or go to college for the same period of time.

The problem is that its been 10 years since the law was proposed. At that time these children were small but now there are grown and ready to begin their lives, but they cannot take one step forward with meeting someone like you, full of hatred and racist to the core.

And I do understand that even though I explained the "pseudo logic" to you, you will never understand because hate and fear swells up in your gut. Perhaps if you moved your bowels you will have a clear head.

C.Z. (Tuesday 16th of November 2010 03:50:01 AM)

Can someone please explain to me, the pseudo-logic of the DREAM act, and defend the legal implications that it would have upon our society? Yes, I have actually read a version of the proposal.

The DREAM act is a prpaganda tool used to galvanize the division between various social segments, "Citizen" vs "Illegal alien", brown vs white, rep vs dem. The whole thing is a farce. If you think that Harry Reid or John Baynor care about humane treatment of undocumented workers or the legal protection of the labor rights of US citizens, you are drinking way too much Kool-Aide. Harry and John care about votes, thats it, nothing else.

Both parties have had ample time and opportunity to fix this mess, but haven't. Why? Because for them, it's not broken.

I was born an american citizen. I was simply fortunate in that regard. I don't dislike people that were born in foreign countries. In fact I have worked with and socialized with illegal aliens. Yes, I refer to them here as illegal, because by definition they are, among many other things. They are my friends. These people work hard and often earn much more than they are paid. Most will never receive a dime of the Social Security money that they pay in.

Having said that, we are supposed to be a country of laws, and they are here illegally. Try to overstay your visa in Australia, let alone move there to live and work without citizenship. The fact is, wealthy nations must keep control of their borders, not only physically, but financially as well.

There is plenty of mutual ground here. A settlement could be reached that would benefit the working class and maintain our legal framework. Unfortunately, all political solutions are solely framed around incubating corporate America. Whatever you do, don't change our cost structure. I know, I'm a part of corporate America.

The filthy truth, is that campaign contributions run this government, not empathy or law. Business is doing just fine paying people $2.00 an hour for back breaking labor, with no bathroom breaks, workmens comp insurance, or matching contributions. If you get hurt at work, just go to the emergency room, and have Uncle Sam (US citizens) foot the bill.

Our government is orchestrating this debacle. Do you really think that they want to repair it.

Corporate America (yes S corps and LLCs included) has decided that our government should not enforce certain laws. Labor laws are deemed antiquated in this global economy. This whole scheme is designed to shrink the cost of labor (your slice of the pie). You know this. Instead of shipping raw materials overseas for manufacturing, just bait cheap labor into the United States. Forget about the minimum wage.

Why not enforce the current laws that are in place? Better yet, leave the illegal aliens alone and fine the employer $1,000/day for every day that the illegal alien has been employed by their company? Perhaps the employer should serve jail time? This will never happen. The politicians never back law enforcement when an attempt is made to address this problem. The owner of company A complains to the city council or mayor, and the police chief gets re-educated about law enforcements role in the community. I have witnessed this.

As long as our political system is morally bankrupted by corporate campaign contributions, both illegal aliens and blue collar citizens are going to be victimized. Oddly enough your fight is not with each other you are two segments of the same group. Your fight is with the politicians that created and perpetuate this system which exploits both segments and extracts wealth from this country. The only people with any skin in this game, are the working class men and women who bust their butt every day to EARN a living. For everyone else this is economic theory or a competitive advantage.

Wake up, the middle class is being dismantled. Its your way of life, fight for it.

jing (Sunday 14th of November 2010 11:38:07 AM)

We need to pass the Dream Act now if not the comprehensive immigration law. The CIR is not even an amnesty. There are penalties and requirements to be qualified. WE need REFORM now to improve our economy asap. Penalties and application fees from these immigrants would help a lot. President Obama can also start with renewing the 245i by Fmr. Pres. Clinton. God Bless Us All. NOW IS THE RIGHT TIME TO REFORM.

Amy (Wednesday 10th of November 2010 07:23:29 PM)

Instead of spending billions of dollars on chasing immigrants around and deporting them, we could simply legalize them, make them pay fine for breaking immigration laws and use the money for strengthening the border. That's a common sense. They are not going to leave anyway, so instead of bullying those people we should just enact the Clinton's 245i that allows immigrants who have US citizen or permanent resident family members to adjust their statuses/legalize themselves.

Regan (Wednesday 10th of November 2010 11:03:34 PM)

What president obama is waitting for to proclame the amnesty ,I am american too I am for the amnesty.USA is for all the nations that why is name USA

AzEd (Thursday 11th of November 2010 11:47:30 AM)

There is no reason why this bill should not pass. The benefits outweigh the cost for everyone. I hope that people find a way to look past their racial tensions to see that this bill is fair and just. Many call the students (whom this bill applies to)criminals, but forget that most came here legally (through Visa's, asylums, and ect) and others were brought here through no fault of their own at a young age. Regardless, they grew up as Americans! Why deny them a chance to help our country? It all seems to fit in place, yet some people still oppose this for the soul purpose that they are afraid of immigrants. Let us remember that we should not lump the criminals with those that have done nothing wrong.

jeremiah (Tuesday 9th of November 2010 11:57:48 PM)

we have a trillion dollar deficit. why spend billions to find and deport 20 million undocumented workers and rip families apart and starve small businesses of needed workers for jobs americans don't like. Why not just fine them $3,000 payable in 3 years in exchange for a green card. the math will be $3000 x 20,000,000 is a cool 60 billion dollars. that can employ a lot americans to guard our borders. it's just common sense.

Seth (Wednesday 10th of November 2010 03:01:42 AM)

Guys, 70% of Americans support the Dream ACT. 70%!!!! That includes Democrats, Republicans, moms, the military, the President..etc etc AMERICANS. We must pass the Dream ACT NOW, this law has been going back and forth for a long time and these kids cannot wait any longer. They want to go to college and they want to serve in the military. Let's make them legal, make them serve our country, pay taxes and help our country. They are just as American as my kids. They came here at a young age and lived here their whole life. They need a chance to become Americans. Since when do we punish kids for the mistake of their parents?? Not this country. And the Republcans are not idiots, they need the Latino voters if they wanna capture the White House in 2012. You can start by passing the Dream ACT NOW.

Jonny (Wednesday 10th of November 2010 10:41:14 AM)

The better is giving before the end of this year 2010 amnesty to all immigrant in USA

Gree (Wednesday 10th of November 2010 10:57:11 AM)

As an american my opinion is:USA is the first power in the world it suppose to take care of all people in the world it name is king .As a father at first is the chef of the house his responsability is to take care of his wife and all members of his family it is the same like USA as the first power in the wolrd it must take care of all the nations who are already have been in that country, once again President Obama and republicans must work together to pass the dream in a fews days before the end of this year 2010 May GOD bless America ! may GOD bless president OBAMA GOD bless.

gittarman45@aol.com (Tuesday 9th of November 2010 06:52:00 PM)

first off japan attacked America first in a surprise attack just like the surprise attack on 911 that was done by a bunch of ileagle invaders all illegal invaders are a danger to the united states ileagle invaders kill 25americans rape550women and molest 7children EVERY SINGLE DAY GOGGLE IT FOR YOUR SELF we have to keep all ileagle invaders the hell out of our country they dont belong here none of them if you want to come to our country then do it the right way the legal way we have great immigration laws we just need them enforced here is a simple way for an ileagle to under stand how simple it is --------say you and your whole family is at home having a party in your fenced in yard then off in the distance you see 100 people heading for your fence they want to get into your yard because they WANT A BETTER LIFE and your life looks good to them so they clime over the fence 10 of them are murders 10 of them are drug dealers 10 of them are rapist 10 of them are gang members now that they are in your yard enjoying the good life your food your beds killing your mom your dad raping your cousin molesting your kids then some of them come up to you and say hey I want a dream and its your job to grant my dreams I want to go to college and I want you to pay for it just like you paid for all of my other schooling [wow not even a thank you for K-12 free schooling or a life time of free health care]were are special we are the good ones this is exalckley what is happening in America I am tired of all ileagle invaders killing my people I do not want any of them they do not belong here case closed 80% of americans want them sent home and the other 20% are ileagle invaders

Mark (Tuesday 9th of November 2010 07:59:52 PM)

To Gittarman

Like I ask the other guy, I would like to ask you the same:

If the DREAM act is such a hazard bill for our country, then WHY the U.S.Pentagon and the U.S.ARMY are pushing to make the DREAM act become law??? Like I said before, you want to punish these immigrant young students because of their parents bad desicions when they were just kids, then every American kid should be punish and held responsible for every crime and every bad decision our FATHERS made in the past.

The DREAM act should become law..... It's the right thing to do.

Bailers (Tuesday 9th of November 2010 08:44:21 PM)

The problem with EO's is that they could be recalled by the next president. And then we face the problem all over again . What is needed is a pemanent fix. The children who would be helped had no say in their parents decision to jump the fence. Some of them can't speak any language but English and don't have ties to any other country. They are as American as apple pie. These children should not be made to suffer for the sins of their parents. They are not going to ber deported so what is the point of condemning them to a life of penury, because of lack of a green card?

Peter Manning (Tuesday 9th of November 2010 02:26:55 PM)

If Obama does not do something to keep his promise of an immigration reform, it will not only be political suicide for him, but for democrats for years to come. And the republicans are not out of the doghouse yet, , because if they don’t do something for the immigrants in this country and continue their enforcement only policy, they are in for a rude awakening in 2012 because the democrats will take over in a landslide. And they can’t count on jobs- jobs- jobs because they now control the House and they have a responsibility to clean up the mess left by Bush and his gang.

Missy (Tuesday 9th of November 2010 03:12:43 PM)

I agree with Mark! Put yourself in their shoes. What if you wanted desperately a better life for your children, and crossing the Border was the only way? What if you didn't have food? What if you had to dig a hole and use the bathroom outside? You don't know what these people have been through or what they're going through. We as Americans tend to say things when we have never lived or been in the situation. If you are a parent your going to do whatever it is you have to do for your child/ren to have a better life. Every where you go there are bad apples that make a situation worse. They talk about Illegals having Gangs, Illegal Drugs, and so on. Do Americans have the same? What make theirs so much worse? I think the Dream Act should pass. Help the Parents! Help the Children! Not all of them are bad apples, just like not all of us are bad apples!!!! THINK ABOUT THAT!!!!! STOP BEING SELFISH!!! GOD BLESS US ALL!!!!

Dale (Tuesday 9th of November 2010 01:21:55 PM)

Obama would be committing yet another political suicide by issuing an executive order for the Dream Act or any other type of CIR. Americans have said time and again we do not accept amnesty for illegal aliens. Dopey Durbin and Reid have tried pushing the DREAM Act down peoples throats for 10 years, and they have failed every time. Americans spoke in 2007 about CIR - the opposition is clear. Illegal aliens and their non-citizen children do not deserve to be rewarded for being in this country illegally and other crimes they commit. There is a legal process so they should suck it up and do things the right way. NO AMNESTY EVER AGAIN !!

Mark (Tuesday 9th of November 2010 02:22:00 PM)

To: Dale

AMNESTY??? Have you read the bill??? It's NOT an amnesty bill.

About Americans don't want the DREAM act.... I am a very proud American, and I can honestly tell you... making the DREAM act law would both help these immigrant students reach their dreams and it would help our country become a better one. Also, if this bill is such a hazard to our country, then tell me,please.... why the U.S. Pentagon and the U.S. ARMY are pushing to make the DREAM act law??? If you are one of those Americans who think punishing innocent immigrant students because of their parents' bad immigration decisions when they were just kids, THEN every American kid should not only be punish but also be responsible for every crime and bad decisions our FATHERS made...... like the atomic bombings in Japan. Every American kid should be sent to PRISON then. Mr. President Barack Obama, I really hope you keep your promise. It's time for the DREAM act to become law. Enough of POLITICAL GAMES !!!! GOD bless.

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Pamela (Wednesday 4th of July 2012 01:06:52 AM)No, ITALIANS are as brown as Latinas. So are many other immigrant grpous now considered White . Hispanics just like to think that they're special . I also wonder what race Ms. Sotomayor puts on her Census form, as Hispanics may be and are of ANY race.